Board of Zoning Appeals

City of Dayton Board of Zoning Appeals Minute Record Overview August 27, 2024 4:30 P.M. 6th Floor Training Room, City Hall 101 W. Third Street, Dayton, Ohio Members Present: Ms. Jacquelyne Patterson, Mr. Patrick Martin, Ms. Diana Graham, Mr. Joe Shaw, Mr. Tim Bement, and Mr. Joe Craig. Members Absent: N/A Mr. Martin called the meeting to order at 4:30 P.M. A motion was made and seconded to approve the minutes from the July 23, 2024 BZA meeting with the change correct Ms. Patterson’s name and correct the applicant for the Stanley Street gas station case. _______________________________________________________________________________________ 1. PLN2024-00244 – A Conditional Use request to develop the property identified as parcel number R72 08405 0045 for an Accessory Dwelling Unit (ADU). A newly constructed home will be built in addition to the construction of the ADU on the same parcel. The ADU will be attached to the proposed detached garage to the rear of property. The property is in Mature Single-Family (MR-5) Zoning District within the Five Oaks Planning District. ADUs are Conditional Uses in MR-5 Zoning Districts. Applicant: G.F. Bailey Wolf Creek LLC 1344 Woodman Dr #F Dayton, OH 45432 Priority Land Use Board: West Planning District: Wolf Creek Decision: Approved as Submitted 2. PLN2024-00254– A Conditional Use request to build a garage with a second story accessory dwelling unit (ADU). The proposed garage's first floor and second floor are 1,188 square feet each whereas an accessory building or ADU is permitted to be no larger than 900 square feet. Applicant: Fender Homes LLC 2889 Old Yellow Springs Rd Fairborn, OH 45324 Priority Land Use Board: North Central Planning District: Santa Clara Decision: Approved with Conditions 3. PLN2024-00249– A Use Variance request to establish a retail establishment (toy boutique) at 704 N Keowee Street in the McCook Field planning district and zoned as MR-5 Mature Single-Family Residential. A variance is requested as the parking space/drive aisle do not meet the dimensional requirements. Applicant: Kash is King Properties LLC 49700 Whitefeather Ln St. Clairsville, OH 43950 Priority Land Use Board: Northeast Planning District: McCook Field Decision: Approved with Conditions BZA Minute Record Summary Page 2 August 27, 2024 4. PLN2024-00245– A Use Variance request for a Night Club to operate within the Suburban General Commercial Zoning District. The Night Club is proposed to be a comedy club which will have performances of comedians and sale of alcohol. Applicant: Impact Enterprises Concert & Entertainment Services LLC, DBA: The Laugh Zone House of Comedy 3493 W Siebenthaler Ave Dayton, OH 45406 Priority Land Use Board: North Central Planning District: Philadelphia Woods Decision: Approved with Conditions The Board of Zoning Appeals meeting was adjourned at 6:48 P.M. Minutes approved by the Board of Zoning Appeals on September 24, 2024. Jeff Green, Secretary Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record August 27, 2024 1. BZA CASE # 2024-00244 – 1131 W Second St A Conditional Use request to construct an accessory dwelling unit (ADU) in the rear yard of 1131 W Second St (parcel numbers R72 08405 0044-5) within the Mature Single Family (MR-5) Zoning District within the Wolf Creek Planning District. ADUS are categorized as a Conditional Use in MR-5 Zoning Districts Applicant City of Dayton 101 W Third St Dayton, OH 45402 Owner GF Bailey Wolf Creek LLC 1344 Woodman Dr #F Dayton OH 45432 Existing Land Use and Zoning: MR-5, vacant land Surrounding Land Use and Zoning: North – Mature Single Family Residential (MR-5) South – Mature Single Family Residential (MR-5) & Mature Neighborhood Commercial (MNC) East – Mature Single Family Residential (MR-5) West – Mature Single Family Residential (MR-5) Land Use Committee: West Planning District: Wolf Creek Historic District: NA Planning Staff Contact: Ellen Sizer Ms. Sizer presented the case. The subject property is composed of two parcels. Both parcels are to be combined prior to construction. The property is zoned as Mature Residential (MR-5), as are the surrounding parcels to the North, East, and West with Mature Neighborhood Commercial (MNC) to the south. The proposed ADU will be attached to the garage and sit in the rear of the parcel behind the home. Ms. Sizer explained that an ADU in this location fits within the neighborhood in that it reflects and reinforces desired development patterns in the existing neighborhood while accommodating the need for future growth. Additionally, ADUs leverage underutilized property areas for better housing options and community development. Board of Zoning Appeals Page 2 August 27, 2024 The Conditional Use meets all Zoning Code Standards. The ADU would not disrupt the harmony of the prevailing existing character of the general vicinity. The addition will add diversity to the housing stock. Ms. Sizer notes that even though there will be an increase in housing density, parking shall remain within what was historically with two single-family dwellings and one two-family dwelling in the neighborhood. Based upon the planning staff’s review of the case and the conditional use standards, the staff recommends that the application be approved as submitted. Public Testimony Brian Weaver of ALT Architecture explained the narrowness of the parcels caused constraints in the design process. Mr. Weaver complimented City staff in developing and working with them to create a viable solution within the constraints. As part of a larger American Rescue Plan Act (ARPA) funded project, GF Bailey Wolf Creek LLC was awarded to build two single family homes in Wolf Creek on W Second St. Due to lot constraints, one primary structure and one Accessory Dwelling Unit to a multi- generational property are proposed. Mr. Weaver noted that they were intentional on the design of the home in order to reflect and compliment the surrounding area. The applicant, Tim Forbes of GF Bailey Wolf Creek LLC mentioned that he has had robust and positive conservations with neighbors regarding this project. Mr. Forbes said that project supports and can accommodate multigenerational living. Board Discussion No Discussion. Board Decision A motion was made by Mr. Shaw and seconded by Ms. Patterson and carried to determine that there is adequate evidence to make the specified findings required under R.C.G.O. §150.535 and approve the application as submitted for Conditional Use. Mr. Bement Yes Ms. Patterson Yes Mr. Shaw Yes Mr. Craig Yes Ms. Graham Yes Yes Mr. Martin Yes Approved by the Board of Zoning Appeals on September 24, 2024. Jeff Green, Secretary Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record August 27, 2024 2. BZA CASE# PLN2024-00254– 212 Santa Clara Ave A CONDITIONAL USE to build a garage with a second story accessory dwelling unit. The proposed garage’s first floor and second floor are each 1,188 square feet whereas neither the garage nor an accessory dwelling unit may be larger than 900 square feet per the Zoning Code and would require variances for the size. Applicant Shawn Fender / Fender Homes LLC 2889 Old Yellow Springs Rd Fairborn, OH 45324 Owner Debra Ruff 212 Santa Clara Ave Dayton, OH 45405 Existing Land Use and Zoning: Single Family Residential; MR-5 Mature Single Family Residential Surrounding Land Use and Zoning: North – Single Family Residential; MR-5 Mature Single Family Residential South – Single Family Residential; MR-5 Mature Single Family Residential East – Single Family Residential; MR-5 Mature Single Family Residential West – Single Family Residential; MR-5 Mature Single Family Residential Land Use Board: North Central Planning District: Santa Clara Planning Staff Contact: Elizabeth Dakin Ms. Dakin presented the case. Ms. Dakin presented an overview of the proposal and the site. Ms. Dakin provided context on the location, zoning, and character of the surrounding area and street. She shared images of the site plan, site conditions, and subject property. She shared the public comments received on the case. Board of Zoning Appeals Page 2 August 27, 2024 Ms. Dakin detailed the primary considerations regarding the proposed site improvements and nuance of the code which requires the BZA review and approval of the proposal. She shared an overview of the existing conditions and explained the fact that there are two separate parcels included in the property and application thus increasing the lot size to be larger than other lots in the area by 33% whereas the building footprint would increase by 25%. Ms. Dakin shared the recommendation that the application be approved with the condition that the two parcels be combined. Ms. Dakin’s recommendation was based on her analysis of the Standards for Variances Based on Practical Difficulty. She highlighted 150.535 (a) and (c) in her presentation to the board. She also highlighted that the Conditional Use standards had been met. Public Testimony The applicant, Shawn Fender for Fender Homes LLC, 2889 Old Yellow Springs Rd, Fairborn, Ohio, shared that the garage and ADU would achieve fire separation and the upstairs ADU would be completed within a year. Mr. Bement asked how many bedrooms there would be and how many sides of the building would have windows. Mr. Fender stated it would likely have only one bedroom and that only the front and sides would have windows -none on the back. Board Discussion The board discussed the case. Ms. Patterson noted that it seemed to be a clean and straightforward application. Mr Bement and Mr Martin asked about paving and if the addition of the building would increase the impervious surface to make the property non-conforming. Ms. French, Zoning Administrator, stated that the addition of the side lot jumps the property down to be able to be compliant, plus the property is already paved and the new building replacing the old does not increase it much. Mr. Martin asked how the Zoning Code considers the square footage. Ms. French confirmed that it was based on footprint and Mr. Green, Board Secretary confirmed as well. Board Decision A motion was made by Mr. Bement and seconded by Mr. Shaw and carried To determine that there is a preponderance of reliable, probative and substantial evidence to make the specified findings required under R.C.G.O. §150.535 and 150.120.10(D)(1) and approve the application as submitted for a Conditional Use and Bulk Variance with conditions: 1. Combine the two lots (R72 07009 0028 & 27) through the record plan process. Mr. Bement Yes Mr. Shaw Yes Ms. Graham Yes Ms. Patterson Yes Mr. Martin Yes Mr. Craig Yes Approved by the Board of Zoning Appeals on September 24, 2024. Jeff Green, Secretary Board of Zoning Appeals Page 3 August 27, 2024 Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record August 27, 2024 3. BZA CASE# PLN2024-00249– 704 N Keowee St A Use Variance request to establish a retail establishment (toy boutique) at 704 N Keowee Street in the McCook Field planning district and zoned as MR-5 Mature Single-Family Residential. A variance is requested as the parking space/drive aisle do not meet the dimensional requirements. Applicant Kash is King Properties LLC 49700 Whitefeather Ln St. Clairsville, OH 43950 Owner Kash is King Properties LLC 49700 Whitefeather Ln St. Clairsville, OH 43950 Existing Land Use and Zoning: Vacant building; MR-5 Surrounding Land Use and Zoning: North – Vacant land/SF Residential; MR-5 South – Vacant Building; MR-5 East – SF Residential; MR-5 West – SF Residential; MR-5 Land Use Board: Northeast Planning District: McCook Field Planning Staff Contact: Jeff Green Mr. Green presented the case. Mr. Green presented an overview of the proposal and the site. Mr. Green provided context on the location, zoning, and character of the surrounding area and street. He shared images of the site plan, site conditions, and subject property. He shared the public comments received on the case. Mr. Green detailed the primary considerations regarding the proposal and the standards for approval. He shared that the building was previously used for a mix of residential and non-residential uses over the years. Mr. Green stated that the size of the building would limit its impact to the area and described the uses along N Keowee Street which a mix of residential, industrial, and retail uses. Board of Zoning Appeals Page 2 August 27, 2024 Mr. Green described the parking variance and proposed parking plan. He stated that the width of the lot would make the current parking plan difficult to deal with and that the spaces themselves should be angled to better fit the site. Mr. Green shared the recommendation that the application be approved with the following conditions: 1. Parking spaces be at a 45-degree angle 2. Parking lot be repaired 3. A fence be provided along the norther property line along the parking lot to provide a physical buffer between the parking area and residential. 4. The hours of the retail operation shall be 8 AM – 9 PM 5. This approval is for a toy boutique/shop only. Mr. Green’s recommendation was based on his analysis of the Standards for a Variance and Conditional Use. Mr. Green specified that while he believed the business was viable, several site upgrades and restrictions should be considered to further limit the use. Public Testimony The applicant’s representative, Sheila Bittner, 7512 Creekwater Dr, Dayton, OH,4545. Ms. Bittner went over the conditions for approval as staff presented and is OK with them. She described the type of business wishing to lease the space and how they would operate. Ms. Bittner went over the parking situation and how customers would get in and out of the property. Jerry Bowling III, President of the McCook Field Neighborhood Association, 522 Herbert Street Dayton OH. Mr. Bowling sated that the neighborhood association voted to unanimously approve this application. He detailed the primary concern being the primary egress for the site being the access onto Milburn which is a residential street. Sandra Jones, 822 Milburn Ave Dayton OH. Ms. Jones noted she is opposed to the request and has big concerns with customers coming and going from this site, potentially endangering the children who sometimes play in the streets. Ms. Jones also believes the business should not go in as this was a residential area. She noted the signatures in opposition to the request and that was present for the board. Board Discussion The board discussed the use and how customers would come and go from the site. A discussion on the use took place with the board believing that the use, with the conditions noted by staff would be unlikely to negatively impact the neighborhood given the building’s size. A discussion between the board members took place on the parking variance and how to best have people coming and going from the site. The board noted that there was an access along N Keowee but it would be difficult to utilize. It was noted that code required 2 parking spaces be on the site with the board believing the current plan with 5 spaces was to much and is not feasible. Mr. Bement stated that the parking situation, if limited to two spaces, would be similar to that of a residential property and that may be how to handle this. Some on-street parking was noticed by the board, with further consideration taking place with potential shared parking. The board discussed separating the two requests between the Use Variance and Variance and having separate motions on each. Board of Zoning Appeals Page 3 August 27, 2024 Board Decision A motion was made by Mr. Craig and seconded by Mr. Shaw and carried to determine that there is a preponderance of reliable, probative and substantial evidence to make the specified findings required under R.C.G.O. §150.120.10(D)(2) and approve the application as submitted for a Use Variance with the following conditions: (1) Parking Lot be repaired. (2) Fence be placed along the northern border to create a physical barrier between parking spaces and residential. (3) The hours of operation are 11 AM – 6 PM for Tuesday through Saturday (4) The retail use shall be limited to a toy boutique only. Mr. Bement Yes Mr. Shaw Yes Ms. Graham Yes Ms. Patterson Yes Mr. Martin Yes Mr. Craig Yes A motion was made by Mr. Craig and seconded by Ms. Patterson and carried to determine that there is a not preponderance of reliable, probative and substantial evidence to make the specified findings required under R.C.G.O. §150.120.10(D)(1) and deny the application as submitted for a Variance. Mr. Bement Yes Mr. Shaw Yes Ms. Graham Yes Ms. Patterson Yes Mr. Martin Yes Mr. Craig Yes Approved by the Board of Zoning Appeals on September 24, 2024. Jeff Green, Secretary Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record August 27, 2024 4. BZA CASE# PLN2024-00245– 3493 W Siebenthaler Ave A USE VARIANCE to allow a Nightclub use within the Suburban General Commercial (SGC) Zoning District. The applicant has requested that the use variance only includes a Comedy Club where comedy performances will take place and the sale of alcohol during performances. Applicant Impact Enterprises Concert & Entertainment Services LLC, DBA: The Laugh Zone House of Comedy 3493 W Siebenthaler Ave Dayton, OH 45406 Owner Siebenthaler Holdings LLC 3489 W Siebenthaler Ave Dayton, OH 45406 Existing Land Use and Zoning: Commercial – one restaurant, and two currently vacant spaces; SGC Suburban General Commercial Surrounding Land Use and Zoning: North – Church/Community Use; SGC Suburban General Commercial South – Golf Course & Grocery; Harrison Township B-3 Business and R-3 Single Family Residential East – Church; SGC Suburban General Commercial West – Gas station; Harrison Township B-3 Business Land Use Board: North Central Planning District: Philadelphia Woods Planning Staff Contact: Elizabeth Dakin Ms. Dakin presented the case. Ms. Dakin presented an overview of the proposal and the site. Ms. Dakin provided context on the location, zoning, and character of the surrounding area and street. She shared images of the site plan, site conditions, and subject property. She shared the public comments received on the case. Ms. Dakin detailed the primary considerations regarding the proposed site improvements and nuance of the code which requires the BZA review and approval of the proposal. She shared an overview of the existing Board of Zoning Appeals Page 2 August 27, 2024 conditions and explained that the Northwest Dayton Neighborhood Vision Plan documents the vacancy that the site and surrounding sites have endured as well as calling for uses that would support existing retail and restaurants that would be geared toward the community. Ms. Dakin shared the recommendation that the application be approved with the conditions that the use is limited to a Comedy Club, the hours of operation shall be limited to between 5PM and 11PM except for every first Sunday of the month where an earlier show may take place, and that the applicant shall enter into a Good Neighbor Agreement with the Church and submit a Parking Plan to the Zoning Administrator showing alternate parking available for the use. Ms. Dakin’s recommendation was based on her analysis of the Standards for Variances Based on Practical Difficulty. She highlighted 150.120.10(D)(2) (a)(i) and (a)(iv) in her presentation to the board. Public Testimony The applicant, Tony Sanders for The Laugh Zone House of Comedy, 3493 W Siebenthaler Ave, Dayton, Ohio, spoke about the proposal and the high regard he has for the neighborhood. Mr. Martin asked about the operations of the shows being back to back and if there would need to be more parking allocated due to this. Mr. Sanders stated that they will ask people to leave right after the show and will have someone in the lot directing the flow of traffic, monitoring cars, and cleaning the lot continuously. Board Discussion The board discussed the case. The Board asked staff why a Good Neighbor Agreement was necessary as a condition. Ms. Dakin explained that the church owned the lot directly adjacent and had been willing to work out a parking agreement through the proper channels. Staff saw this as necessary as the applicant identified that they may, at times, need more parking than what is available on site and that this would also be necessary to identify on a parking plan that is submitted to the Zoning Administrator. Board Decision A motion was made by Mr. Shaw and seconded by Mr. Bement and carried to determine that there is a preponderance of reliable, probative and substantial evidence to make the specified findings required under R.C.G.O. §150.120.10 (D)(2) and approve the application as submitted for a Use Variance with conditions: 1. The nightclub use will be limited to a comedy club. 2. The hours of operation shall be 5PM to 11PM except for every first Sunday of the month where an earlier show may take place. 3. The applicant shall enter into a Good Neighbor Agreement with the Church and submit a Parking Plan to the Zoning Administrator showing alternate parking available for the use. Mr. Bement Yes Mr. Shaw Yes Ms. Graham Yes Ms. Patterson Recused Mr. Martin Yes Mr. Craig Yes Approved by the Board of Zoning Appeals on September 24, 2024. Board of Zoning Appeals Page 3 August 27, 2024 Jeff Green, Secretary Board of Zoning Appeals